Prohibition Of Forced Self-incrimination Principle Study

The principle against compulsory self-incrimination is an extremely important legal principle which protects defendants'legitimate rights and interests from violations in the criminal procedure and guarantees their basic human rights. It has experienced a long and tortuous journey to generate and develop since the Middle Age. In the practice of legislation and judicature, countries from all over the world take their own tradition laws into account, create a series of specific legal regulations, build a scientific system and also make beneficial thoughts to their theory origin.In October 1998, China has signed "The International Covenant on Civil and Political Rights", and successively acceded to a series of United Nations conventions about criminal justice system. It takes the responsibilities of performing treaty obligations, which surely comprise the responsibilities of realizing series basic human rights' protection measures including The principle against compulsory self-incrimination in Chinese laws.During the process of building the socialist country ruled by law, the appeals for fairness and integrity from all parties of the society also ask for the regulation of legalization process for criminal proceeding which is the most severe approach that is using state power to adjust social relationship.This paper tries to give an all-round systematic illustration about this basic legal principle, it traces back to the principle against compulsory self-incrimination's generation and development, studies each countries'legislation process, probes into its theory origin, and focused on the support function of the presumption of innocence and due process of law to the principle against compulsory self-incrimination. According to the practices of the rule of law in the countries with advanced legislative techniques, this paper promotes concrete legal systems such as the right to silence, illegal exclusionary rule, the rule of intervention by lawyer, custody pending rule and so on, build systematic and specific practice routine, and expound and research this principle systematically. China's criminal procedure law is facing a big process of modification. At present, studying this principle will make a great practical significance.